S S GILL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking a writ of mandamus and directions for setting aside the allotment of 6023.26 sq.meters of land by respondent No.1 to respondent No.3. Petitioner also seeks directions for withdrawal of the permission given by the DDA to respondent No.3 for running a DAV school on the said land in Ashok Vihar, Phase-IV, Delhi. Petitioner also seeks directions for demolition of the existing structures and restoration of the land as per the master and zonal development plan.

(2.) The petitioner's case as eloquently put forward by the learned counsel for the petitioner may be briefly noted : (i) The petitioners (two in number) are residents of SFS flats, Ashok Vihar, Phase-IV. Petitioners claim that the land between flat No.316 to 405 has been used by children of the said flat owners as a play ground and by the residents as a park. This space Originally measured approximately 7000 sq.meters. It is stated that in the Zonal master plan the user of this space had been indicated as a primary school. (ii) Mr.Narula has taken me through the provisions of the master plan to submit that the recommended land for allotment to a primary school is 0.08 hectares i.e. approximately 800 meters. In the instant case, 814 sq.meters are stated to have been allotted to M/s. Mohan Memorial Educational Society, respondent No.4 herein. On a protest by the residents, the then Lt.Governor directed that the user of the space shall be for a children's park. In the year 1993, even though one primary school of M/s.Mohan Memorial educational Society had come into being the DDA again allotted 3011.53 sq. mtrs of land to M/s.DAV College Management Committee for a middle school. Besides adjacent land admeasuring 3011.53 meter, was sought to be given on temporary basis on payment of nominal ground rent. (iii) During the years 1993-94, DAV College Management Committee raised a double storeyed building and started running the school.

(3.) Petitioners further submit that since the last one month respondent No.3 has started raising another building in the open space and the said construction is unauthorised and illegal and in violation of the master plan. It is the raising of this additional building which has brought the petitioners to this court in writ jurisdiction. Learned counsel for the petitioner relies on Dr. G. N.Khajuria and others vs. Delhi Development Authority and others reported at 1995(5) Supreme Court Cases 762 wherein the Supreme Court directed cancellation of an allotment where a nursery school was sought to be made on the space meant for a park. The structures already put in, it was held, would not make any difference and the allotment was still liable to be cancelled.